President Donald Trump named lawyer Lindsey Halligan as interim U.S. Attorney Eastern District of Virginia in September. (Marco Bello/AFP via Getty Images)
In court briefs, Comey's and James' lawyers have said Halligan’s appointment was defective because Bondi improperly designated her as an interim U.S. attorney after Siebert had already served in that position, which had a 120-day term limit that had expired.
Because Halligan was the lone prosecutor to sign the grand jury indictments, legal experts have said that could be their fatal flaw if the courts deem her invalid.
Bondi has since said she retroactively ratified the indictments and designated Halligan a "special attorney" for the "avoidance of doubt," according to court filings.
"In all events, the government has endorsed the prosecutions, and the Attorney General has personally ratified the indictments to obviate any question as to their validity," DOJ lawyers wrote.
COMEY SEEKS TO TOSS CRIMINAL CASE CALLING TRUMP PROSECUTOR 'UNLAWFUL' APPOINTEE
Former FBI Director James Comey testifies before the Senate Intelligence Committee about his interactions with President Donald Trump and the Russia investigation on June 8, 2017, in Washington, D.C. (Cheriss May/NurPhoto via Getty Images)
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Both have pleaded not guilty and have argued their indictments should be tossed out on the grounds that Halligan was improperly appointed and that they were selectively and vindictively prosecuted.
If Comey's and James' charges were to be thrown out, it is unclear what would happen. The DOJ could appeal or attempt to bring them again, depending on how the courts rule.
Fox News’ Bill Mears and David Spunt contributed to this report.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/comey-james-challenge-trump-appointees-legitimacy-federal-court-hearing